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Basically wondering if it would be copyright infringement for a song to share the same 6 notes in the same order as an existing composition, provided the rhythm of the notes were different

For instance, if the songs share the same melodic notes but sound sufficiently different to each other, is this still copyright infringement?

I'm not talking about copying a melody, but instead coincidentally having the same notes in the melody played at different timings/rhythms. Not just taking an existing song and changing its overall tempo/rhythm, but the notes themselves being placed at different intervals.

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I'm not talking about copying a melody, but instead coincidentally having the same notes

Copyright infringement requires copying. If there is no copying, then there is no infringement. There will be a presumption of copying upon the plaintiff establishing reasonable access and substantial similarity, but this can be rebutted. See Three Boys Music Corp. v. Bolton, 212 F.3d 477 (9th Cir. 2000):

By establishing reasonable access and substantial similarity, a copyright plaintiff creates a presumption of copying. The burden shifts to the defendant to rebut that presumption through proof of independent creation.

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  • Thanks for the response. I'm assuming this would cover cases where the exact melody has been copied. I was wondering, however, if there would be a valid claim of any form of infringement - presumption or otherwise - if the songs simply shared the same notes? For example, two songs whose melodies consist of 'A B B A G# E' but which are played at different rhythms and thus sound completely unique. Basically can the notes themselves be copyrighted or are these cases related to whether or not the melodies sound the same?
    – Ben
    Commented Nov 8, 2023 at 11:28
  • @Ben - if you missed the point in the answer, it is fundamentally copying rather than similarity that is not allowed. An exactly matching work, if created completely independently is not copying.Similarity is a very strong indication of copying . If a copyrighted work is copied and then modified it is a derivative work. You could ask a question about that. A non-musical example would be a translation.
    – George White
    Commented Nov 8, 2023 at 16:05
  • @GeorgeWhite thanks for the clarification. I'm assuming, therefore, that in music copyright cases the two pieces would need to exactly matching in terms of sound in order for any genuine issues about copyright being raised? Regardless of whether it was intentional or not, that is.
    – Ben
    Commented Nov 8, 2023 at 16:28
  • No — that is not what the answer says. Imperfect copies are copies.
    – George White
    Commented Nov 8, 2023 at 23:09

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